Chapter 47: The Final Defense
Thirty minutes after the recess was announced.
The recess ended.
With the clerk calling for all to rise, Lin Youping and the two adjudicators once again walked onto the judicial bench.
'Bang bang!'
"The recess has ended. The hearing will now resume."
Lin Youping looked at the hearing materials in his hands, slightly raised his head, looked toward the appellant's seat, and then looked again at the materials in his hands.
"Based on the litigation requests and defenses of both the appellant and the prosecution, this court summarizes the points of dispute in the second instance as follows."
"First: whether Qi Feng subjectively possessed intentional criminal intent."
"Regarding the first point, based on the evidence submitted by both the appellant and the prosecution, this court makes the following determination."
"According to the definition of intentional crime, intentional crime refers to a situation in which a person, clearly knowing that his conduct will produce socially harmful consequences, nevertheless hopes for or allows such consequences to occur."
"From the evidence submitted by the appellant and the defense just presented, it has already been demonstrated that Qi Feng did not possess the subjective element of allowing or hoping for such consequences, therefore intentional injury is not constituted."
"Determination: Qi Feng does not constitute intentional injury!"
'Bang!'
With the determination announced that intentional injury was not constituted, the death penalty charge could no longer continue to stand.
Qi Feng clearly understood the significance of this point. His whole body trembled, his eyes reddened with excitement, and he looked toward Su Bai at the appellant's seat, his eyes filled with a layer of mist.
He would not die. He would not face execution.
At this moment his heart was deeply shaken, like a ray of light appearing within the darkness of a desperate situation.
What was this?
This was hope.
Excitement, complexity, and gratitude surged within Qi Feng's heart.
Qi Feng's gaze was filled with gratitude.
Su Bai slightly nodded.
He signaled to Qi Feng not to become overly excited for the moment and to continue listening to what the presiding judge would say next.
At the presiding judge's seat on the judicial bench, Lin Youping slightly raised his head, looked toward the prosecution's seat, and continued speaking.
"Does the prosecution have any objections or supplementary opinions regarding this determination? These may be raised in court."
Lu Wei took a deep breath. The defense had already been lost, and further supplementation would have no meaning.
"Our side has no objections."
"Mm."
Lin Youping slightly nodded, picked up the materials in his hands, and continued speaking.
"The court will now proceed to the second point of dispute: whether Qi Feng's conduct constitutes legitimate defense."
"Appellant's side, regarding your assertion that Qi Feng's conduct constitutes legitimate defense, please present your defense."
Lin Youping raised his head and looked toward Su Bai at the appellant's seat.
Su Bai clearly understood that since it had already been determined that Qi Feng did not commit an intentional crime, the next step was to strive for a determination of legitimate defense.
In response to the presiding judge's question, his answer was extremely critical.
Su Bai organized the litigation materials in front of him.
"Presiding Judge, our defense that Qi Feng's conduct constitutes legitimate defense is based on the application of Article 20 of our country's Criminal Law regarding legitimate defense."
"At that time Qi Feng was in a state of being attacked, and the opposing party consisted of two individuals who frequently engaged in unlawful conduct. No one could guarantee the extent of harm they might cause to our client, and for Qi Feng the level of danger was very high."
"According to the judicial interpretation of legitimate defense and the evidence provided by the prosecution."
"First, an unlawful infringement was occurring."
"Second, the conduct took place while the unlawful infringement was ongoing."
"Fourth, Qi Feng's defensive conduct was based on the purpose of protecting lawful rights and interests from unlawful infringement."
"Fifth, Qi Feng's defensive conduct was directed at the unlawful infringers themselves."
"Based on the circumstances in which our side was situated at that time, all of the above conditions are applicable."
"Regarding the third condition of application, namely that defensive conduct must not exceed a certain limit, I would like to provide a focused explanation, Presiding Judge."
Lin Youping looked at Su Bai and struck the gavel.
"The application is approved. Counsel for the appellant may present your explanation."
Su Bai had studied the first instance judgment. What Lu Wei had emphasized was precisely the third condition within legitimate defense.
That defensive conduct must not exceed a certain limit, and since Qi Feng had caused the deaths of two people, it could be said that the limit had already been greatly exceeded.
Attempting to argue from this aspect was somewhat difficult.
What he needed to do was not to obtain victory from this aspect, but rather to prevent the opposing party from obtaining victory, and that would count as his victory.
Facing the presiding judge's approval of the application, Su Bai organized the materials neatly and slowly began speaking.
"The Criminal Law provides that defensive conduct must not exceed a certain limit, which means that the direct purpose of implementing defensive conduct is to stop the continuation of unlawful infringement."
"That is to say, after defensive conduct has been carried out, the limit is reached when the unlawful infringement has been stopped, and once the unlawful conduct has been stopped, defensive conduct may not continue."
"According to the description of legitimate defense, when Qi Feng swung the knife, his direct purpose was to stop the unlawful infringement."
"At the same time, after Qi Feng carried out defensive knife swinging, the reason he continued to swing the knife was that the two opposing individuals were continuing their unlawful conduct, and therefore he carried out several knife swinging actions."
"Regarding the result of the deaths of the two opposing individuals, Qi Feng did not foresee this outcome. His conduct and awareness at that time were entirely within a defensive process."
"Only after the two opposing individuals fell to the ground did Qi Feng stop his conduct and did not choose to continue causing harm. Therefore the circumstances at that time satisfied the provisions of legitimate defense."
"Presiding Judge, our defense is concluded."
After Su Bai finished speaking.
At the judicial bench, after hearing Su Bai's statement, Lin Youping compared it with the evidence provided by the prosecution and, after confirming its accuracy, nodded and looked toward the prosecution's seat.
"Prosecution, regarding whether Qi Feng's conduct constitutes legitimate defense, please begin your argument."
Regarding Su Bai's judicial interpretation, Lu Wei appeared very calm.
He glanced at the materials in front of him.
"Yes, Presiding Judge."
"Our argument is as follows."
"Our side believes that in this case, according to Article 20 of our country's Criminal Law and its judicial interpretation."
"If defensive conduct clearly exceeds the necessary limit and causes significant harm, criminal responsibility shall be borne."
"Qi Feng caused the deaths of the two opposing individuals, which clearly constitutes significant harm."
"Moreover, according to what counsel for the appellant stated, only after the two opposing individuals fell to the ground did Qi Feng stop his conduct and did not continue to cause harm."
"However, in this process it is necessary to consider whether the two opposing individuals still possessed the capacity to continue unlawful conduct."
"The answer is obvious. After Qi Feng swung the knife, the two opposing individuals were injured."
"Although the two individuals subjectively intended to continue unlawful conduct."
"In terms of capacity they no longer possessed the ability to continue unlawful conduct."
"Clearly, Qi Feng's conduct had already exceeded the necessary limit."
"Presiding Judge, our defense is concluded."
After Lu Wei finished speaking.
Su Bai's gaze fell upon Presiding Judge Lin Youping at the judicial bench.
Although what he had just stated was reasonable, Lu Wei's argument based on the capacity of the actors could not be refuted.
Of course.
The presiding judge also needed to consider his defense.
Whether legitimate defense could be determined still depended on the presiding judge's inclination, and the next final critical stage would be the courtroom statement.
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